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1994 Supreme(SC) 603

A.S.ANAND, KULDIP SINGH
Harish Tara Refractories Private LTD. – Appellant
Versus
Certificate Officer, Sader Ranchi – Respondent


(1) WE have pronounced judgment today in CA Nos. 2620-64 of 198V. For the reasons recorded therein these transferred cases have to be dismissed. We may, however, briefly deal with the controversy involved in these cases.

(2) BIHAR and orissa Public Demands Recovery Act, 1914 (the Bihar Act) was amended by Act 4 of 1974 thereby incorporating "any money payable to the State Bank of India" within the list of Public Demands set out in Schedule I to the Bihar Act. In these transferred cases the only point argued before us was that the Bihar Legislature had no legislative competence to enact law providing for recovery of bank dues as arrears of land revenue.

(3) WE may refer to the facts relating to Transferred Case No. 40 of 1989. Harish Tara Refractories (P) Ltd., had entered into several agreements with the State Bank of India, Main Branch, Ranchi. The case of the bank is that there were various dealings and transactions between the parties and large sums of money became due and payable by the company. According to the bank the admitted liability of the company as on 1/10/1979 was Rs. 31,18,993.55. Since the repayment of the loan was not made despite repeated dem








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